Windhoek High Court judge Orben Sibeya yesterday appointed Harald Hecht and Pierre Knoetze of Namibian firm PKF-FCS as curators bonis of the Fishrot assets.
Hecht and Knoetze will take over from Bruni and McLaren as soon as the Master of the High Court issues replacement curators orders and the court confirms the appointment.
In this matter, former attorney general and minister of justice, Sacky Shanghala, former Investec managing director and chair of the Fishing Corporation of Namibia board, James Hatuikulipi and his nephew Pius Mwatelulo wanted the court to appoint Hecht and Knoetze and the PG Martha Imalwa wanted Johan Francois Engelbrecht and Coenraad Louwrens Stander of South African firm Icon Insolvency Practitioners.
Judge Sibeya, however, refused to entertain the wishes of Imalwa and opted to go with the wishes of the Fishrot accused. He ordered that the appointment of Hecht and Knoetze is subject to the same terms and conditions, powers, duties and functions as set out in the provisional restraint order of 13 November 2020 and confirmed on 25 August 2021 and 17 May 2023, respectively. The judge further ordered that Imalwa must pay the costs of the Fishrot accused and that the costs should include costs of one instructing and one instructed counsel. He further ordered the matter finalised.
Hecht and Knoetze will now manage the assets of James and Tamson Hatuikulipi, Ricardo Gustavo, Sacky Shanghala, Bernard Esau and Pius Mwatelulo.
The group has a combined 26 erven spread over various Namibian towns as well as in Cape Town, South Africa. Tamson has the highest number of immovable properties; 17 erven and seven sectional title units.
The group’s fleet comprises of 48 vehicles, of which Tamson and James top the list with 14 and 13 vehicles, respectively.
The vehicles comprise of luxury cars such as a Volkswagen Amarok 3.0, Mercedes Benz R231, Range Rover Sport, Ford Ranger DC 3.2 Wild Trak and Range Rover 5.0 V8.
The curators will also manage the accused’s 33 bank accounts of which James has 12 - three are in South Africa, USA and Europe.
The assets being managed also include the accused’s shareholding in various companies and trusts.
In addition to managing the personal assets of the accused, the curators will also handle the affairs and properties belonging to their companies.
The companies include, Nengomar Pesca Namibia, Erongo Clearing, JTH Trading, Greyguard, Otuafika Investments, Otuafika logistics, Fitty Entertainments, Cambadara Trust, Olea Investments and Omholo Trust. Also under curatorship are Oholo Trading, AL Investment and Gwaaniilongo Investment.
Hecht and Knoetze will also manage the affairs of Esja Holding, Mermaria Seafood, Saga Seafood, and Heinaste Investment Namibia.
The duo will also have curatorship over gifts given to Tamson’s wife Johanna Hatuikulipi and Esau’s wife Swamma Esau.
Johanna was gifted three erven in Swakopmund and 100% shareholding in JNH Investment, while Swamma received a Toyota Land Cruiser, Venter Elite Trailer, 50% shares in Esvute Engineering, and a 50% stake in Otjiwarongo Plot Fifty-one.